This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Divorce Without Alimony In Phoenix
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Multi-State
City:
Phoenix
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US-00005BG-I
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FAQ
Arizona is a 50/50 property law state when it comes to divorce. Community property division must be equitable, but seldom will shares be absolutely equal. In part, this is because the family law judge has considerable discretion over property awards.
Typically, you won't have to attend a court hearing for a summary consent decree divorce. A judge will review your paperwork and, if everything is in order, will sign the consent decree. (Ariz.
If the marriage includes no children and few assets, if you have lived in Arizona for at least 90 days, and if you believe your marriage is irretrievably broken, an uncontested divorce in Arizona may be granted in as little as 60 days (although this is rare).
How long do you have to be separated before divorce in AZ? No, Arizona does not require spouses to separate before filing for divorce (dissolution of marriage). However, there is a waiting period of at least 60 days before the divorce can be finalized after filing and serving your spouse.
Unlike some states, Arizona doesn't impose a minimum marriage duration for awarding spousal maintenance. Theoretically, even a marriage that lasted less than a year could result in alimony. However, the marriage's duration significantly impacts the length of time for which maintenance may be awarded.
Judges are given broad discretion in whether to order Spousal Maintenance. It is not guaranteed. Further, the Arizona Supreme Court is directed to establish guidelines based on different factors that are outlined in A.R.S. § 25-319 that will determine whether a spouse in eligible to receive maintenance.
Unlike some states, Arizona doesn't impose a minimum marriage duration for awarding spousal maintenance. Theoretically, even a marriage that lasted less than a year could result in alimony. However, the marriage's duration significantly impacts the length of time for which maintenance may be awarded.
Prenuptial or postnuptial agreement — Engaged couples can execute a prenuptial agreement that eliminates the possibility of spousal maintenance. This is common for two-career couples. Married couples can draft a post marital agreement for the same purpose.
A. What is Arizona's policy about spousal maintenance duration? Under A.R.S. § 25-319(B), as revised effective September 24, 2022, the spousal maintenance award is only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient.
In Arizona, alimony is considered reasonable if it is less than 50% of the paying spouse's income pre-divorce. Most reasonable spousal maintenance payments fall between 15% and 30% of the paying spouse's pre-divorce income to enable the receiving spouse to meet their own needs.